Minutes of Meeting
August 6, 2009
To: Town Clerk
cc: CRWA
Members
File
Present: J. Fournier, J. Senterman, C. Botchis, A. Tolland, R. Willis, M. Allen, J. Livingstone N. Alfieri, Conservation Agent
There was a motion to accept the minutes of the July 2nd meeting. The motion was seconded and accepted with a vote of 6-0-0.
Mr. Nick Alfieri’s Agent’s Report has been appended to the minutes.
Public Hearing – Request for Determination – Rail Trail (SNETT) – Grove St. & westerly – Dept. of Conservation & Recreation
Ray Willis, Commission member, recused himself from this discussion.
There was a motion to waive the fees and abutter notification. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Ms. Lauren Davenport, Conservation Assistant, informed the Commission that she and Mr. Alfieri have visited the site today and there are a lot of bumps and dips that need to be smoothed out. She recommended to the Commission 5 special conditions that should be added to the permit for this project.
Mr. Ron Clough, State Manager for the Rail Trail, and Mr. Carl Svendsen of 7 Aspen Way, both appeared before the Commission to address the issues regarding the Rail Trail. Mr. Clough is proposing some gates at the entrance to the trail.
A Commission member asked Mr. Clough as to what precautions will be taken to ensure that the bumps and dips do not reappear after this work has been performed. He asked if it will eventually be paved. Mr. Clough was not sure if this would take place in the future. There are no definite plans yet for the future development of the trail.
There was a discussion regarding the relative merits of filing a Notice of Intent vs. a Request for Determination filing. The Commission came to the consensus that the applicant should be required to file a Request for Determination.
Mr. Clough stated that the installation of gates should assist with keeping unauthorized vehicles off the trail and prevent the illegal dumping of trash.
Mr. Svendsen stated that he is a member of the Franklin Citizens Rail Trail Committee, which meets monthly to discuss the concerns of the trail. He would like to make the trail useable for hikers and walkers and this would also control the misuse of the trail.
There was no one in the audience for this hearing.
There was a motion to issue a Negative Determination contingent upon the 4 Special Conditions and 1 modified Special Condition recommended by Ms. Davenport. The motion was seconded and accepted with a vote of 6-0-1; 6 Yes, 0 No, 1 Abstention.
Continued - Public Hearing – Notice of Intent – 2 Ashley Circle – Rondeau – CE159-987
Mr. William Halsing, Engineer of Land Planning, and Mr. Greg Rondeau, the applicant, both appeared before the Commission for the construction of a detached garage and retaining wall. Mr. Halsing submitted revised plans for the review of the Commission and stated that he has addressed Mr. Alfieri’s comments on the plan. There is no disturbance noted in the 25 ft. no disturb buffer zone. They have also made the wall shorter, changed the plantings and added some shrub plantings at the bend in the wall. There has been a drywell added to handle roof runoff from the southerly side of the house.
Mr. Alfieri recommended 3 special conditions that he is recommending to be added to the Orders of Conditions and these are enumerated in the Agent’s Report.
A Commission member asked what type of Juniper the applicant is proposing to be planted on the site and suggested possibly planting Itea as an alternate planting that would have a better survival rate.
There was no one in the audience for this hearing.
There was a motion to close the hearing. The motion was seconded and accepted with a vote of 7-0-0.
There was a motion to issue State and Local Orders of Conditions with the first 3 Special Conditions listed in the Agent’s Report and a 4th Special Condition that the proposed Junipers be replaced with either Spirea or Itea. The motion was seconded and accepted with a vote of 7-0-0.
Continued - Public Hearing – Notice of Intent – Lot 2, 1086 Pond Street – Schultz – CE159-977
Mr. Garrett Tunison, Wetland Scientist of Tunison Smith, and Ms. Kathy Schultz, the applicant, both appeared before the Commission for the construction of a single-family house.
Mr. Tunison submitted a brief letter regarding this site with a couple of minor corrections to the plans that he has made and this has been added to the file. Mr. Tunison also stated that other than this letter, there are no other modifications to the plan nor is there any other additional information to be submitted to the file.
Mr. Alfieri stated that this application revolves around the 25-50 ft. buffer zone requirements and the variance procedures and whether or not the applicant’s engineer has put together an adequate notice of intent particularly at the local level as to relieve the burden of proof required by them.
Mr. Alfieri recommended 9 Special Conditions to be added to the Orders of Conditions if the Commission chooses to approve the project.. This list of recommended Special Conditions are enumerated in the Agent’s Report.
Mr. Alfieri also stated that if the Commission wishes to deny this project under the Local Bylaw, he has provided the Commission with some findings of fact which are enumerated in the Agent’s Report.
A Commission member questioned Mr. Tunison as to a couple of issues regarding the drainage system. Mr. Tunison stated that these questions should be directed to his engineer as he is the one who ran the calculations. Mr. Tunison stated that he has no knowledge of the drainage system on the site.
Another Commission member questioned Mr. Tunison as some items in the June 29th update document. This Commission member also read into the record a document denoting some facts and this has been added to the Conservation file.
The Commission Chairman opened the 8:30 p.m. continued public hearing for 18 Concetta Way. There was a motion to continue the hearing until the conclusion of this hearing. The motion was seconded and accepted with a vote of 7-0-0.
A Commission member stated that he does not see any gain by continuing this public hearing again as some of the concerns of the Commission has been left unaddressed and the changes are not being made.
Ms. Schultz informed the Commission that she is facing great financial hardship if she is not able to build on this site. She stated that she has paid all of the back taxes to the Town of Franklin in anticipation of being able to develop this lot. Mr. Alfieri stated that this lot was in tax title for years and has just been brought out.
Mr. Tunison stated that the applicant is willing to comply with any special conditions that the Commission sees fit to add to the Orders of Conditions.
A Commission member informed the applicant that the footprint of the house is too large for this lot.
There was a motion to close the public hearing. The motion was seconded and accepted with a vote of 5-0-2; 5 Yes, 0 No, 2 Abstentions.
Continued - Public Hearing – Notice of Intent – 18 Concetta Way – Cropanese - CE159-985
The Commission Chairman stated that a letter has been received from the applicant’s representative dated August 3, 2009 requesting a continuance of the hearing until August 20th.
There was a motion to continue the hearing until August 20, 2009. The motion was seconded and accepted with a vote of 7-0-0.
GENERAL BUSINESS
Extension Permit: Chestnut Senior Village – SE159-918
Christopher Botchis, Commission member, recused himself from this discussion.
Mr. Donald Nielsen, Engineer of Guerriere & Halnon, and Mr. Donald Ranieri, the applicant, both appeared before the Commission for an Extension Permit to the Orders of Conditions for this project.
Mr. Alfieri informed the Commission that Mr. Ranieri is requesting a 3-year extension for this project but the Regulations only allow for a one-year extension to be given only once. Mr. Alfieri recommended to the Commission that they grant Mr. Ranieri a three-year extension under the State and a one-year extension under the Local Bylaw.
There was a motion to issue a three-year Extension to the Orders of Conditions under the State Act and a one-year extension under the Local Wetlands Protection Bylaw for Chestnut Senior Village. The motion was seconded and accepted with a vote of 6-0-1;
6 Yes, 0 No, 1 Abstention.
Minor Buffer Zone Activity: 67 Charles River Drive
The applicant has requested to clear some brush and trees at the rear of their property. Mr. Alfieri informed the Commission members that this work would be performed at the rear of their backyard and no further encroachment into the wetlands should be allowed. Mr. Alfieri suggested that bounds be placed at the rear of their backyard to depict the limit of work.
There was a motion to issue a Negative Determination subject to the condition that there is no further cutting or soil disturbance in the area and should the applicant desire to perform any work within Conservation jurisdiction, they are required to make an appropoprate filing with the Conservation Commission. The motion was seconded and
accepted with a vote of 7-0-0.
Signed Orders of Conditions, Determinations of Applicability & Extension Permit
Orders of Conditions – 2 Ashley Circle – Rondeau - CE159-987
Extension Permit – Chestnut Senior Village – Ranieri – SE159-918
Determination of Applicability (Negative) 67 Charles River Drive - Murray
Determination of Applicability (Negative) SNETT Trail – Grove St. – Dept. of Conservation
There was a motion to adjourn. The motion was seconded and accepted with a vote of 7-0-0. The meeting adjourned at 9:15 p.m.
Respectfully Submitted,
Kathleen Celorier
Conservation Secretary
| 
